huna
605 occurrences across the corpus
The Jerusalem Talmud
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. But is the money contained in their mother’s ketubah not also real estate?
It is written: “The spirit of the Eternal started to ring in him in the encampment of Dan, between Ṣor‘a and Eshtaol.” Two Amoraïm. One said, when the holy spirit was resting on him, his steps were as from Ṣor‘a to Eshtaol. The other said, when the holy spirit was resting on him, his hairs were tolling like a bell and their sound went as from Ṣor‘a to Eshtaol. “The Eternal blessed him”. Rebbi Huna in the name of Rebbi Yose: That his sex life was that of anybody. “I shall revenge one revenge of my two eyes from the Philistines.” Rebbi Aḥa said, he said before Him: Master of the Universe! Give me the reward of one of my eyes in this world and the reward of the other eye be prepared for me in the World to Come. One verse says: “He judged Israel for forty years.” And another verse says: “He had judged Israel for twenty years.” Rebbi Aḥa said, this teaches that the Philistines were afraid of him twenty years after his death as they were afraid of him during his lifetime.
“And because he stole three steals, his father’s opinion, the court’s opinion, and Israel’s opinion.” His father’s opinion, as it is written: “It was after forty years.” David himself did not rule more than forty years, and here, it says so? But it is from the time that Israel demanded a king. “For your servant made a vow.” He said to him, what else do you want? He said to him, write me a tablet that two men should go with me. He said to him, tell me whom you want and I shall write. He said to him, write it to open and I shall take whom I want. He wrote it open. He went and added two people each until he had added 200 people. That is what is written, “with Absalom went 200 invited people from Jerusalem, going in their simplicity.” Invited, from David. Going in their simplicity, of Absalom. “They did not know anything,” of Aḥitophel’s counsel. Rebbi Huna in the name of Rebbi Aḥa: They all were presiding judges. Then they saw the things. They went to change sides. They said: Master of all universes: Let us fall in David’s hand and do not let fall David in our hands! For if we fall in David’s hand, he will have mercy on us. But if, Heaven forbid, David would fall in our hands, we would not have mercy on him. That is what David said, “He saved me in peace from my confidant, for the majority were with me!” “The court’s opinion”. “And Absalom said, who would make me the judge of the land.” “So Absalom would act.” “And Israel’s opinion.” Absalom insinuated himself with the men of Israel.”
“A sly wicked man.” Rebbi Zeriqan in the name of Rav Huna: That is one who chooses leniencies for himself and teaches restrictions to others. In this matter, it was stated: “About anybody who wants to take upon himself the stringencies both of the House of Shammai and the House of Hillel it was said: ‘The silly one walks in darkness’. The leniencies of both of them, he is called wicked. Only either following the words of the House of Shammai in their leniencies and stringencies, or following the words of the House of Hillel in their leniencies and stringencies.” That is, before there came the disembodied voice. But after the disembodied voice was heard, “practice follows the House of Hillel forever.” And any who transgresses the words of the House of Hillel is deserving of death. It was stated: There came the disembodied voice and said: “Both of them are the words of the Living God, but practice follows the House of Hillel forever.” Where was the disembodied voice heard? Rav Bebai in the name of Rebbi Joḥanan: The disembodied voice was heard at Yabneh.
HALAKHAH: “On the same day, Rebbi Aqiba explained: “You shall measure outside the city”, etc. Rebbi Eliezer, the son of Rebbi Yose the Galilean, said, 2000 cubits the domain of the levitic cities. Deduct from them 1000 cubits open space, there results one quarter open space and the remainder fields. Rebbi Jeremiah, Rebbi Samuel bar Rav Isaac in the name of Rav: A quarter of 1000113. Rebbi Isaac said, even if you say a quarter from every side, it is a quarter. He who wants to make a square from four amphoras needs sixteen. Rebbi Mana estimated it from a brick, Rebbi Abin estimated it from a strip, Rebbi Oshaiah estimated it from a dish. Rebbi Yose ben Rebbi Abun said, 50 by 50 form a bet se’ah; 100 by 100 are four bet se’ah. As it happened to the Resh Galuta when it was imposed on him to fill a hall of 40 by 40 cubits with wheat. He came to Rav Huna who said to him, negotiate that they should take from you 20 by 20 now and 20 by 20 later; you will earn half.
HALAKHAH: “The ketubah of a virgin is 200 and that of a widow one mina,” etc. Huna in the name of Samuel: In the Temple šeqel. Rebbi Abba bar Bina said, circulating coin. A Mishnah supports Rebbi Abba bar Bina: “The five tetradrachmas of the firstborn are in Tyrian coinage, the 30 of the slave, the 50 of the rapist and the seducer, the 100 of the slanderer, are all computed in Temple šeqels in Tyrian coinage.” A woman’s ketubah is not stated with them. Rebbi Abin said, did they not learn the ketubah of a woman from the rapist and the seducer? Since the rapist and the seducer are mentioned, it is as if women’s ketubah was stated with them.
HALAKHAH: “She says, I was injured by wood,” etc. Rebbi Eleazar said, that follows Rebbi Meïr, since Rebbi Meïr said the ketubah of one injured by wood is 200 [zuz]. Rebbi Yose said, we would think to say, when did Rebbi Meïr disagree with those rabbis? If he took her in assuming she was injured by wood. But if he took her in assuming she was a virgin and it turned out she was injured by wood, then even Rebbi Meïr agrees, since we have stated: “She says, I was injured by wood, but he says not so, you were trampled on by a man.” That means, there is a disagreement even if he took her in assuming she was injured by wood and she turned out to have been injured by wood. Rebbi Jeremiah in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and my ketubah is 200 [zuz]. He says, it is not so, but you were trampled on by a man and you have no claim on me. What are we talking about? If he married her as a virgin and she turns out to have been injured by wood, Rebbi Meïr will agree. If he married her as one injured by wood and she turns out to have been injured by wood, is there a recognizable difference in the opening of the door between wood or man? Rebbi Huna in the name of Rebbi Ze‘ira did not say so, but: She says, I was injured by wood and so I stipulated with you, but he says, it is not so, but you were trampled on by a man and there was no stipulation between you and me.
Rav Huna in the name of Rav: The witnesses can be trusted if they say, that is a document given in good faith, or a document in trust. But Rav said, it is forbidden to sign a document given in good faith, or a document in trust. Does this contradict what they say in the name of Rav, the witnesses can be trusted if they say, that is a document given in good faith, or a document in trust? One word of Rav contradicts a word of Rav! Rebbi Ḥaggai said, Rav did not say it is forbidden to sign but it is forbidden to keep. As the following, “if evil is in your hand, remove it,” that is a document given in good faith, or a document in trust, “do not let injustice dwell in your house,” that is a document of indebtedness which was paid.
HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber but to a house where the bridal chamber is. In which way? A banquet hall and a bedroom, the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her. Rebbi Simeon ben Laqish said, to dissolve her vows. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she should not be stoned but strangled.
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
Rav Huna insists on interpreting the contract text. Rav Huna explained: “The sons shall inherit but the daughters must be fed.” Since the sons inherit movables, the daughters also are fed from movables. Samuel said, the daughters are not fed from movables. A Mishnah supports Samuel: “The female children you shall have from me shall dwell in my house and be supported from my property.” It was stated on this: From real estate but not from movables. Rebbi Abba bar Zavda said: Rav Huna follows Rebbi and Samuel follows Rebbi Simeon ben Eleazar, as it was stated: “One uses both guaranteed property and non-guaranteed property for the support of the wife and the daughters, the words of Rebbi. Rebbi Simeon ben Eleazar says, guaranteed property may be taken by sons from sons, by daughters from daughters, by sons from daughters, and by daughters from sons. But non-guaranteed property may be taken by sons from daughters but not by daughters from sons.” They said, Rav Huna reversed himself. They said, that was well done, ketubah is a biblical commandment but support of the daughters is from their words. May their words uproot a biblical commandment? It must be that they differ about the money contained in their mother’s ketubah. [Even if you say, they differ about the money contained in their mother’s ketubah.] But is the money stipulated in their mother’s ketubah not also real estate?
“If she brought”. Rebbi Samuel bar Rav Isaac said, not only if she brought but even if she could have brought. As it was stated: His wife ascends with him but does not descend with him; a widow and her children descend but do not ascend; workers ascend but do not descend. The daughter neither ascends nor descends. Rebbi Ḥiyya bar Jehudah said, because one cares for the slave girl. Rebbi Abun said, Because these labors are degrading, they are referred to as the slave girl’s. Rebbi Judah ben Rebbi Abun said, because usually a woman does not sit aimlessly in her house. Rav Huna said, even if she brought him 100 slave girls, he can force her to serve him with particular attention. What are services with particular attention? She rubs his body, washes his feet, and mixes him the cup. Why? Because she is obligated to do that, or because it is not appropriate to use a slave girl for these? If you say because it is not appropriate to use a slave girl for these, here she brought him slaves! It must be because she is obligated to do that. Rebbi Eudaimon in Sepphoris asked before Rebbi Mana: Is it not reasonable because she is obligated to do that? He said to him, that is what I am always thinking.
HALAKHAH: “If somebody causes a vow of his wife that she should not adorn herself,” etc. Rav Huna said, so is the Mishnah: “Among the poor if he did not give a time limit.” Ulla bar Ismael said, among the poor if he did not give a time limit; but if he gave a time limit even if it were for ten years it is permitted, for no fox dies if he gets dusty from his lair. Nathan bar Hoshaiah said in the name of Rebbi Joḥanan: Except holidays.
HALAKHAH: “If she produced her bill of divorce without a ketubah, she collects her ketubah,” etc. “Two bills of divorce and two ketubot” etc. But only if the bill of divorce is dated between the two ketubot. So far if they are equal. If one was for a mina, the other for 200 [zuz]? Rav Huna and Rav Jeremiah and Rav Ḥisda. One said, she collects the first one. The other said, she collects the second one and the excess she collects from the date of the second.
Rav said, if a dying person said, do not bury me, he is buried as a charge on public charity. Rebbi Immi asked, how could one think that others are provided for by his property and he is buried as a charge on public charity? The Mishnah disagrees with Rav: “Her heirs, the heirs of her ketubah, are obligated to bury her.” Explain it, if they inherited real estate. As it was stated: “If he left male and female slaves, mortgages, and movables, anybody who takes them first acquires them and he shall be buried by public charity.” Because he took it first. Therefore, if he did not take it first one removes from his hand. Explain it, if he said, bury me. As Rebbi Yose said in the name of the rabbis: If a dead person was buried who had not said “bury me”, even though others came and took [of his property] one removes from their hands. If they took real estate. In fact, what you say, one removes from their hands, if they took real estate. But if they took movables, one does not remove from their hands, if it was a loan by witnesses. But for a documented loan, whether they took real estate or movables one does not remove from their hands. For Rebbi Abba, the son of Rav Huna, said: They made the words of a bedridden person equal to those of a healthy person who wrote and delivered. But only if he died from that illness, not if he recovered. And if he was explicit and said, give field X to Y. If he said, give field X to Y? Is it as if he was explicit or only if he said, the Northern half, the Southern half? Rebbi Yudan asked: If he said, burn me by pagan rites and give half of field X to Y. Since they do not burn, do they give? Rebbi Ḥaggai asked: A sick person who said, my daughters shall be supported. Would the daughters not be supported anyway? No, it is necessary, for otherwise would they be supported from pledged real estate or would they be supported from movables? Rebbi Yudan [ ] there came a case before Rebbi Yose about a bedridden person who had said, my documents shall be given to X. He said to him, the bedridden can only transfer property which is acquired either by a document or by taking hold. But these are acquired by a document and by taking hold. As it was stated: “A ship is acquired by taking hold in the opinion of everybody. Rebbi Nathan says a ship and documents are acquired by a document and by taking hold. If he wrote and did not take hold, or took hold without writing [a transfer document] he did not do anything unless he both writes and takes hold.”
Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.
Rebbi was very meek and said, all a man might ask from me I am ready to do, except what the Elders of Bathyra did for my ancestor: they divested themselves and appointed him. If Rav Huna, the Head of the Diaspora, came here I would let him sit higher than myself since he is from the tribe of Judah and I am from Benjamin, he is from the male line and I am from the female. Once, the elder Rebbi Ḥiyya visited him and said, Rav Huna is outside. The face of Rebbi became saffron-colored. He [R. Ḥiyya] said to him, it is his coffin. He [Rebbi] said to him, go outside and look who wants you there. He stepped outside and did not find anybody; he understood that he [Rebbi] was angry with him. He did not visit him again for thirty days. Rebbi Yose bar Abun said, in those thirty days did Rav learn from him [R. Ḥiyya] the principles of Torah. At the end of thirteen years and thirty days, Elijah visited him [Rebbi] in the likeness of the older Rebbi Ḥiyya. He said to him, how does my lord feel? He said to him, one tooth hurts me. He said to him, show it to me. He showed it to him, he put his finger on it and it was healed. The next day, the older Rebbi Ḥiyya came to him and asked him, how does Rebbi feel, what is with that tooth? He said to him, from the moment that you put your finger on it, it was healed. At that moment, he said, woe on you, lying-in women of the Land of Israel, woe on you, pregnant women of the Land of Israel! He [R. Ḥiyya] said to him, that was not me. From that moment on, he [Rebbi] treated him with honor. When he [Rebbi] went to the assembly hall, he said, may the older Rebbi Ḥiyya come inside. Rebbi Ismael ben Rebbi Yose asked, closer than me? He said, beware! The older Rebbi Ḥiyya inside, and Rebbi Ismael ben Rebbi Yose innermost. Rebbi used to state the praises of the older Rebbi Ḥiyya before Rebbi Ismael ben Rebbi Yose. {Once, he [R. Ismael ben R. Yose] saw him [R. Ḥiyya] in the bathhouse and he did not show him reverence. He [R. Ismael ben R. Yose] said to him [Rebbi], is that the one of whom you state praises? He said, what did he do to you? He said, I saw him in the bathhouse and he did not show me reverence.} He [Rebbi] said to him [R. Ḥiyya], why did you do that? He said to him, so much should come over me if I realized that I was washing myself, at that time my eyes were occupied with the allegorical interpretation of the entire book of Psalms. From that moment on, he [Rebbi] appointed two students to accompany him [R. Ḥiyya] because of the danger.
When Rav Huna, the Head of the Diaspora, died they brought him here. They said, where shall we put him? They said, let us put him next to Rebbi Ḥiyya the elder for he is one of them. They said, who might want to bring him there? Rebbi Ḥaggai said, I shall go up to put him there. They said to him, you are looking for a pretext, for you are an old man and you want to go to rest there yourself. He said to them, put some string on my feet and when I shall be weak you pull. He went in and found the three arguing. “Jehudah my son, after you, and no more. Ḥizqiah my son, after you, and no more. Joseph ben Israel, after you, and no more.” He [R. Ḥaggai] lifted his eyes to look, it was said to him lower [your eyes], turn around. Rebbi Ḥiyya the elder [who said to] his son Jehudah, make space for Rav Ḥuna that he may rest there. But [Rav Ḥuna] did not accept this. They said, since he did not accept that one made space for him, so his descendants will never end. He [R. Ḥaggai] exited from there eighty years old and his years were doubled.
HALAKHAH: “If two people mutually produced promissory notes of one on the other,” etc. If one borrowed a mina from the other, but the other borrowed from him 200 [zuz]. Rav Huna said, Rav Naḥman bar Jacob and Rab Sheshet disagree. One says, one counts one mina against the other mina, but the other says, each one collects the amount of his note. He who says, one counts one mina against the other mina, learns it from tame oxen who injured one another, where half of the excess damage is paid. He who says, each one collects the amount of his note, learns it from the Sages and Admon. Can the Sages and Admon not agree that one counts one mina against the other mina? Because we have stated: Admon says: “If I owed you, how come you borrowed from me?” Therefore it was necessary to say, each one collects the amount of his note. If the holder of the note of 200 forgave a mina, but the holder of the note of a mina did not forgive. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, then what he forgave he cannot collect but what was not forgiven he can collect. If the note for 200 was written in a document but the loan for a mina was not written. For him who says, one counts one mina against the other mina, already one mina against the other mina was counted. But for him who says, each one collects the amount of his note, the holder of the written note can collect but the recipient of the oral promise cannot collect.
HALAKHAH: “A qônām that I shall not enjoy from the descendants of Noah; he is permitted Jews and forbidden Gentiles. That I shall not enjoy from the descendants of Abraham; he is forbidden Jews and permitted Gentiles,” etc. Is Ismael not part of Abraham’s seed? “ For in Isaac will be called your seed.” And is not Esaw part of Isaac’s seed? Rebbi Yudan bar Shalom said, “in Isaac,” in part of Isaac. Rebbi Huna said, “ב” are two, the son who will be inheriting two worlds, this world and the world to come. Rebbi Gershom in the name of Rebbi Aḥa, “ a star did step out from Jacob,” from whom did a star step out and will appear in the future? From Jacob! Rebbi Aḥa in the name of Rebbi Ḥuna: In the future world, evil Esaw will put on his prayer shawl and sit with the Just in Paradise, but the Holy One, Praise to Him, draws him away. Why? “ If you climb as high as an eagle or if you would make your nest between stars, from there I would take you down, says the Lord.” But “stars” are only the Just. As you say, “those who justify the many are like stars, eternally.”
May one who made a vow not to have anything cooked be permitted smoked? May he be permitted fried? May he be permitted anything cooked in the hot springs of Tiberias? The rabbis of Caesarea asked: Is anything smoked forbidden because of Gentile cooking? Is it forbidden because of cooking on the Sabbath? Is it forbidden because of meat and milk? Does it cause ṭevel for tithes? If somebody made a vow not to have anything smoked, is he permitted cooked? Rebbi Abba, Rav Jehudah in the name of the House of Rav Assi: Ḥabiṣ is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: Anything which can be eaten raw is unproblematic as Gentile cooking and is acceptable as eruv tavšīlīn.
Rebbi Ze‘ira, Rav Jehudah, Jeremiah bar Abba, in the name of Rebbi Samuel: Three who know how to find an opening may permit like an Elder. They thought, at a place where no Elder was available. The rabbis of Caesarea: Even at a place of an Elder. They said before Rebbi Yasa: Rav Huna is “head of tribes”. Who are the heads of tribes? Rav Huna is head of the heads of tribes.
Rebbi Ze‘ira, Rav Jehudah, Jeremiah bar Abba, in the name of Rebbi Samuel: Three who know how to find an opening may permit like an Elder. They thought, at a place where no Elder was available. The rabbis of Caesarea: Even at a place of an Elder. They said before Rebbi Yasa: Rav Huna is “head of tribes”. Who are the heads of tribes? Rav Huna is head of the heads of tribes.
May one permit wearing a coat? Rebbi Abbahu in the name of Rebbi Joḥanan: One permits wearing a coat. Rebbi Joshua ben Levi permitted wearing a coat. Rebbi Huna in the name of Rebbi Jeremiah: At a place where one does not wear a toga. Rebbi Yose ben Abun said, for easy vows.
We understand “if I wash”. “If I do not wash”? Let her wash! Rebbi Mana said, if she said: “Any benefit from me shall be qônām for you after I shall have washed myself, if I ever wash myself.” Why should he not dissolve for her? Rebbi Yose ben Rebbi Abun said, only when she said, “any benefit from my body shall be qônām for you after I shall have washed myself.” Why can he not force? Did not Rebbi Huna say, [if she vowed] any benefit from me [shall be forbidden] to you, he forces her and sleeps with her. Any benefit from you [shall be forbidden] to me, he has to dissolve. There is a difference because it is a benefit for him and her. Rebbi Abba Mari said, If I wash [today], I shall not wash forever. If I wear jewellery [today], I shall not wear jewellery forever. The rabbis of Caesarea in the name of Rebbi Nasa: If I wash I shall not wear jewellery; if I wear jewellery I shall not wash.
“Heaven is between you and me”: as Heaven is far from earth, so this woman should be far from that man. “They should try to mediate.” Rav Huna said, they should make a dinner and they will get used to be with one another by the dinner.
A Cohen and a Levite, the Levite shall defile himself. A Levite and an Israel, the Israel shall defile himself. No, is not the Levite like the Israel? Rebbi Abin said, it was taught in the time of the platform. The Sages agree with Rebbi Eliezer that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Rebbi Eliezer agrees with the Sages that between a High Priest and a nazir, the nazir shall defile himself but not the High Priest. Think of it, if his father sanctified him from birth. The one is from the Torah, the other is not from the Torah. Rebbi Huna in the name of Rav Joseph: Rebbi Eliezer parallels the House of Shammai. As the House of Shammai say, between holy and frequent the holy has precedence, so Rebbi Eliezer says, between holy and frequent the holy has precedence. A nazir for 30 days and a nazir for 100, the nazir for 30 days shall defile himself. A nazir for 100 days and a nazir forever, the nazir for 100 days shall defile himself. A nazir forever, and a nazir of neziriot, some Tannaïm state, the nazir forever shall defile himself; but some Tannaïm state, the nazir of neziriot shall defile himself. He who says, the nazir forever shall defile himself but not the nazir of neziriot, since he shaves more frequently. He who says, the nazir of neziriot shall defile himself but not the nazir forever, since he brings more sacrifices. If he switched, it should be as Rebbi Immi said in the name of Rebbi Simeon ben Laqish: He transgressed “do not defile your land.” Here it is the same.
Why can he not force his wife? Did not Rebbi Huna say, [if she vowed] any benefit from me [shall be forbidden] to you, he forces her and sleeps with her. Any benefit from you [shall be forbidden] to me, he hasto dissolve. There is a difference because it is a benefit for him and her. He should not be able to force his slave! There is a difference, “because his God’s crown is on his head,” a person who has no other master. This excludes the slave who has another master. If he comes to protest his master’s word, one says to him: this is practice, obey your master’s orders! If his master pushed him and he became impure, does he have to bring a sacrifice of impurity? Is he a nazir, did not you decide for him that he should become impure? You say, he brings a sacrifice of impurity; could he bring here a sacrifice of impurity? Does he annul? Is he a nazir, did not you decide for him that he should become impure? You say, he annuls; could he here annul?
“ ‘Give this mina to X,’ then he died. If the heirs want to hinder [the delivery] they are powerless. It is unnecessary to say that it is so if he said, acquire for him, if he said, accept by my orders.” Rebbi Abba barMamal said, this baraita refers to a sick person. If he is sick, does he not have to say: acquire for him, accept for him? Rebbi Mana said, I confirmed this by what Rebbi Abba bar Rav Huna said in the name of Rav: They treated verbal instructions by a sick person as if they were written and delivered. But only if he died from that sickness, not if he recovered, he did not have to say: acquire for him, accept for him.
HALAKHAH: “Everybody is acceptable to write the bill of divorce,” etc. Rav Huna said, only if a sane person watches over them. Rebbi Joḥanan asked: But is it not written: “He shall write for her,” in her name? Samuel said, it is necessary that one reserve the essential text for him. This follows what Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid.
Rebbi Ze‘ira, Rav Huna in the name of Rav: Practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents. Could we not say, practice follows Rebbi Eleazar? Rebbi Abba in the name of Rav: Practice follows Rebbi Eleazar for bills of divorce and Rebbi Jehudah in commercial documents. Could we not say, practice follows Rebbi Jehudah? But because Rav and Samuel both say that practice follows Rebbi Eleazar; in order not to let you think that here it is the same, it was necessary to state that practice follows Rebbi Jehudah for bills of divorce and Rebbi Eleazar in commercial documents.
“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.
HALAKHAH: “A widow can be paid from the orphans’ property only,” etc. Earlier they swore falsely and buried their children, since it is written: “For vain [vows] I smote your children.” In addition, they fear vows more than oaths. If she transgressed and swore? Rav Huna said, if she swore, she swore. Rav said to his daughter-in-law: If I were not a person readily making concessions, even the cover on your head would be my property. Samuel said, she acquires the garments which she is wearing. A Mishnah supports Samuel: “Neither his wife’s garments nor his children’s are his property.”
Rav Huna said, why did they require a date on the bill of divorce? Because of an actual case. It so happened that a man was married to his sister’s daughter who committed adultery when she was still married. He predated the bill of divorce and said, it is better she should be judged as single rather than as a married woman.
Rav Huna said, I asked before Rebbi Jacob ben Aḥa: Following him who says tithes are from their words. But following him who says tithes are from the Torah, does Hillel institute anything against the words of the Torah? Rebbi Yose said, from the moment that Israel was exiled to Babylonia, did they not become free from all commandments connected with the Land, but the remission of debts applies both in the Land and outside the Land from the words of the Torah? Rebbi Yose turned and said, (Deut. 15:2) “this is the word of the abandonment, remit” as long as abandonment is followed in the Land as a word of the Torah, remission of debts applies both in the Land and outside the Land from the words of the Torah, but when abandonment is followed in the Land as their word, remission of debts applies both in the Land and outside the Land from their word. There, they say that even one who holds that tithes are from the Torah will hold that the Sabbatical is from their word. (Deut. 15:2): “This is the word of the remission, remit!” Rebbi says, two remissions are the Sabbatical and the Jubilee. As long as the Jubilee is operative, the Sabbatical is from words of the Torah. If the Jubilees are abolished, the Sabbatical is operative from their words. When were the Jubilees abolished? (Lev. 25:10) “For all its inhabitants.” In the time when they lived on it, not when they went from it into exile. If they lived on it but did (not) intermingle, the tribe of Judah in Benjamin, and the tribe of Benjamin in Judah, I could think that the Jubilee was operative. The verse mentions its inhabitants, “All its inhabitants;” you find that when the tribes of Reuben, Gad, and half the tribe of Manasseh went into exile, the Jubilees were disestablished.
The Mishnah is Rebbi Meїr’s, since Rebbi Meїr says that a Gentile may not acquire real estate in the Land of Israel to remove it from tithes; Rebbi Jehudah and Rebbi Simeon say, a Gentile may acquire real estate in the Land of Israel to free it from tithes. Rebbi Immi in the name of Rebbi Simeon ben Laqish: The reason of Rebbi Meïr (Lev. 25:46): “You shall transmit them by inheritance to your sons after you, to inherit by the rules of real estate.” This brackets slaves with real estate. Just as you may buy slaves from them but they cannot buy from you, so real estate you may buy from them but they cannot buy from you. Rebbi Eleazar ben Rebbi Yose said before Rebbi Yasa, the following supports Rebbi Meїr (Lev. 25:23): “The land shall not be sold permanently,” absolutely. He said to him, that in itself supports Rebbi Simeon. “It shall not be sold”, because if it was sold, it would be sold absolutely. Rebbi Huna from Sepphoris said, Rebbi Ḥanina instituted in Sepphoris following Rebbi Simeon.
Reuben robbed a field from Simeon and sold it to Levi, and he did not have time to write the foreclosure document before he died: whose is it? Rav Huna and Ḥiyya the son of Rav: One said, if he wrote the foreclosure document, it is Reuben’s, if not, it is Levi’s. The other one said, whether he wrote or did not write, it belongs to Levi. Rebbi Mana said, it is reasonable that it does not belong to Reuben since he can say to him, I sold you something which was not mine. Rebbi Yose said, it is not reasonable that it should not be Levi’s, since Reuben can tell him, is this not before you? You are good to confirm the sale.
Rav Huna in the name of Rav: If he mixed. If he made a libation and then mixed it, at the start he committed a capital crime and at the end he has to pay? Rebbi Abba objected: Think of it, if he killed somebody and broke the flask, at the start he committed a capital crime and in the end he has to pay? Rebbi Yose objected: Think of it, if he set fire to somebody’s grain stack on the Day of Atonement, at the start he committed a capital crime and in the end he has to pay? “If someone causes anything to become impure, or turn into dema‘, or libation wine, if it was unintentional he is free, intentional he is obligated,” and Rebbi Joḥanan said, he pays a fine.
Rebbi Aḥa and Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simai: In a city of only Cohanim, all of them lift their hands. For whom do they recite the blessing? For their brothers to the North and South. Who answers after them? Women and children. Abbaie bar Benjamin stated: People who stand behind the Cohanim are not included in the blessing. For those in front of them, Rebbi Ḥiyya bar Abba said that even an iron wall does not interrupt. Those who stand to their side? Let us hear from the following: “If he intended to sprinkle before himself but sprinkled behind himself, behind himself but sprinkled before himself; his sprinkling is invalid. Before himself but sprinkled sideways, his sprinkling is valid.” This implies that those who stand to their side are included in the blessing. Rav Ḥisda said, it is necessary that the organizer be an Israel. Rav Ḥisda said, if there was one Cohen, he says “Cohen.” For two, he says “Cohanim.” But Rav Huna said, even for one he says “Cohanim” since he only calls the tribe, lest you say, probably person X is an adulterer or a murderer, and he shall bless us? The Holy, praise to Him, said: Who blesses you? Am not I blessing you? As it was said: “They shall put My name over the Children of Israel and I shall bless them.”
Following the opinion of the rabbis there it is acceptable since there, they say in the name of Rav Naḥman bar Jacob: One to whom one gives a nut and he throws it away, a pebble and he keeps it, what is found in his hand is as if found on a garbage heap; a nut and he keeps it, a pebble and he throws it away, what is robbed from him is robbed because of communal peace; a nut or a pebble he takes, hides them, and produces them later, what is robbed from him is total robbery. He can acquire for himself but not for others. Rav Huna said, just as he can acquire for himself so he can acquire for others. Everybody agrees that his gift is not a gift since it is written (Ex. 22:6): “If a man give.” The gift of a man is a gift, but the gift of a minor is no gift, the words of the Sages. Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan, Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, robbing from him is not clear unless he grew two pubic hairs. Rebbi Abbahu in the name of Rebbi Joḥanan, that is, to recover from him by a law suit, but to have to bring a sacrifice for [a false] oath only if he grew two pubic hairs. But following the rabbis here, Rebbi Yose asked that even for himself he should not be able to acquire since it is written (Ex. 22:6): “A man to his neighbor”, until he be like his neighbor. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel ben Rav Isaac explained it by the method of the artless. As we have stated there: “For underage children, their buying is buying and their selling selling, for movables.” But did we not state there: “He cannot make them acquire through his minor son or daughter or his Canaanite male or female slave, because their hand is like his hand.” The rabbis of Caesarea say, here a minor with knowledge, there a minor without knowledge.
Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.
Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent. Samuel heard this from him and repeated after him forty times.
Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.
HALAKHAH: “If somebody had an attack of seizures”, etc. The symptoms of an insane person: One who goes out in the night, stays overnight in a graveyard, tears his clothing, and destroys what one gives to him. Rebbi Huna said, only if all of that is in him since otherwise I say that one who goes out in the night is a man-dog; he who stays overnight in a graveyard burns incense to spirits, he who tears up his clothing is [a choleric person], and he who destroys what one gives to him is a Cynic. Rebbi Joḥanan said, even only one of these symptoms is proof. Rebbi Abun said, what Rebbi Joḥanan said, even only one of these by itself is reasonable for him who destroys what one gives to him; even the greatest idiot does not destroy all one gives to him. The one attacked by seizures does not exhibit any of these signs. What is one attacked by seizures? Rebbi Yose said, a decrepit one. There came a case before Rebbi Yose of a weaver who, when one gave him red on black he was exerting himself, black on red he was exerting himself. This is the cordiacus described by the Sages.
A person gave money for a ship when the canal dried up. The case came before Rav Naḥman bar Jacob: There is the ship, bring the canal! Abba bar Huna in the name of Rebbi Abba was praying that the canal should dry up and he could recover his money. He said, Rebbi Joḥanan and Rebbi Abba are of the same opinion as Rabban Simeon ben Gamliel. If she cut off, she hindered. If her hand (?) was cut off, it is not as if she hindered.
HALAKHAH: “If he wrote in the name of an inappropriate government, in the name of the government of Media,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: They declared the child a bastard because of the danger. Rav Huna in the name of Rav: This entire Chapter is Rebbi Meїr’s except for “if he changed his or her name or the name of his or her city.” Rebbi Mana asked before Rebbi Yasa: Also “if somebody divorced his wife”? He said to him, not your Chapter but our Chapter.
HALAKHAH: “Anybody can supplement a bald document,” etc. From where that a document can be knotted? Rebbi Immi said, it is written: “I took the document,” etc. “And [the sealed]”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two {witnesses], the other with three; one in it, the other on its back. Rebbi Abba in the name of Rav Jehudah, on a simple document, the witnesses sign parallel, on a knotted one the witnesses sign lengthwise. Rebbi Idi said, the witnesses sign between any two knots, but it must be on top. But should one not be afraid that maybe he falsifies? Rav Naḥman wanted to argue that witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But should one not be afraid that he erased and changed to falsify? Rav Huna is of the opinion that two times “I accept” makes it invalid. But should one not be afraid that he erased and changed to falsify? Does Rav Huna not consider that he might write another text, erase and change to falsify? Rav Huna is of the opinion that an erasure makes invalid even if the correction is certified.
HALAKHAH: “Anybody can supplement a bald document,” etc. From where that a document can be knotted? Rebbi Immi said, it is written: “I took the document,” etc. “And [the sealed]”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two {witnesses], the other with three; one in it, the other on its back. Rebbi Abba in the name of Rav Jehudah, on a simple document, the witnesses sign parallel, on a knotted one the witnesses sign lengthwise. Rebbi Idi said, the witnesses sign between any two knots, but it must be on top. But should one not be afraid that maybe he falsifies? Rav Naḥman wanted to argue that witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But should one not be afraid that he erased and changed to falsify? Rav Huna is of the opinion that two times “I accept” makes it invalid. But should one not be afraid that he erased and changed to falsify? Does Rav Huna not consider that he might write another text, erase and change to falsify? Rav Huna is of the opinion that an erasure makes invalid even if the correction is certified.
HALAKHAH: “Anybody can supplement a bald document,” etc. From where that a document can be knotted? Rebbi Immi said, it is written: “I took the document,” etc. “And [the sealed]”, that is the knotted [document]. “And the open,” that is the simple, part of the knotted. “And the orders and the rules”; orders and rules differ between these, for one is with two {witnesses], the other with three; one in it, the other on its back. Rebbi Abba in the name of Rav Jehudah, on a simple document, the witnesses sign parallel, on a knotted one the witnesses sign lengthwise. Rebbi Idi said, the witnesses sign between any two knots, but it must be on top. But should one not be afraid that maybe he falsifies? Rav Naḥman wanted to argue that witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But should one not be afraid that he erased and changed to falsify? Rav Huna is of the opinion that two times “I accept” makes it invalid. But should one not be afraid that he erased and changed to falsify? Does Rav Huna not consider that he might write another text, erase and change to falsify? Rav Huna is of the opinion that an erasure makes invalid even if the correction is certified.
Where do we hold? If he knotted and signed it inside, everybody agrees that it can be made simple. If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple but the rabbis say, it cannot be made simple. {Rebbi objected to the statement of Ḥananiah ben Gamliel: “The body of the document.” If he knotted and signed it outside, everybody agrees that it cannot be made simple. But we must deal with the case that he knotted it from the inside and then signed it on the outside; in that case Rebbi Ḥananiah ben Gamliel said that it can be made simple, but the rabbis say, it cannot be made simple.) Rebbi objected to the statement of Rebbi Ḥananiah ben Gamliel: The body of the document shows whether it is simple or not simple. What is the body of the document? Rebbi Abba said, as Rav Huna said, witnesses never sign below unless they first read before them: “I X son of Y accept everything written above.” But did we not state: “That is the formula of a document”? Rebbi Mana said, that is the formula of a knotted document. Rebbi Abin said, even if you say it is the same for knotted and simple, for a knotted document it is a necessity, for a simple one it is not a necessity. Rebbi Aḥa said, if one adds to practice. A simple document [is witnessed] by two persons. If common usage is to have three, one makes it with three. A knotted document is signed on its back. If common usage is to sign it inside and out, one signs it inside and out.
Rebbi Abba bar Hamnuna, Rav Ada bar Aḥa in the name of Rav: This is Rebbi Meїr’s. Why did you have to say this? Rebbi Mana said, since Rav Huna said in the name of Rav: “This entire Chapter is Rebbi Meїr’s except for ‘if he changed his or her name or the name of his or her city.’ ” You should not come to say that the first is Rebbi Meїr’s, the second the rabbis’. Therefore it is necessary to say that this is Rebbi Meїr’s. Rebbi Yose said, since Rav and Samuel both say that practice follows Rebbi Eleazar, that you should not be led to say the same here. Therefore it is necessary to say that this is Rebbi Meїr’s.
It is written: “Six years he shall work.” How much does he work? I could think that he leaves at the end of six [years]. The verse says, “and in the seventh he shall leave.” I could think that he leave at the end of seven [years]. The verse says, “six years he shall work.” How is that? He works the entire six and leaves at the start of the seventh. “And in the seventh he shall leave.” The seventh from the sale and not the Seventh of the world. Do you say, the seventh from the sale and not the Seventh of the world? Since it says, “six years he shall work,” this spells out six years. How can I confirm “and in the seventh he shall leave?” The seventh from the sale and not the Seventh of the world. Say it is the opposite. Rebbi Ze‘ira said in the name of Rav Huna: It is written: “and in the seventh,” “and in the seventh”. Rebbi Ḥuna said, if you say, in the Seventh of the world, what would the Jubilee free? Rebbi Joḥanan bar Marius said, this follows him who said that the Jubilee does not become part of a Sabbatical period. But following him who said that the Jubilee becomes part of a Sabbatical period, sometimes it falls in the middle of a Sabbatical period. The rabbis of Caesarea say, even following him who said that the Jubilee becomes part of a Sabbatical period, we could deduce from here that the Sabbatical year frees the slaves and the Jubilee the pierced ones.
HALAKHAH: “Large animals are taken possession of by handing over,” etc. Rebbi Huna said, the halter gives possession only for property of the proselyte. Rav Ḥizqiah, Rebbi Abba: Rebbi Eleazar asked, if there were ten camels tied one to another and he handed him the halter of one of them. Did he take possession of all of them or only of the one of which he handed him [the halter]? Rav Ḥisda said: “Draw this animal to take possession of it, he took possession. To take possession of its offspring, he did not take possession. To take possession of it together with its offspring, he took possession.” If somebody said to another person, draw this animal close to take possession of its load, would he not take possession? Rebbi Yose said, that is, if the animal was not pregnant. But if it was pregnant, they considered it as if carrying a load.
Rebbi Abba, Rav Huna in the name of Rav: One who handles a wine-skin and it splits in his hand is not responsible for it. Rebbi Yose ben Rebbi Abun, it is necessary even if he takes it in the store when he had no other intention than that no other person should take it. Can he take possession at a minimal rate? Rebbi Ḥaggai said in the name of Rebbi Yose: A Mishnah says that it cannot become his possession at a minimal rate, as we have stated there: “If somebody sells his wine to a Non-Jew. If he fixed the price before he measured, the proceeds are permitted; if he measured before he fixed the price, the proceeds are forbidden.” If you say that it can come into his possession at a minimal rate, even if he measured before he fixed the price, it should be as if he fixed the price before he measured and the proceeds would be permitted.
“By money.” Rebbi Abba was of the opinion, by money if there was no intention to write a deed. But if money was given with the intention to write a deed for him, possession was transferred only when the deed was written. Rebbi Jonah and Rebbi Yose disagree. It follows that Rebbi Abba parallels Samuel and Rav Huna Rebbi Joḥanan. Rebbi Abba parallels Samuel. Samuel asked Rav Ḥuna: He was slaughtering sacrifices while being occupied? He answered, “for your intention,” this excludes one otherwise occupied. If one wrote a gift in the language of a sale? He answered, he made it ride on two racing horses; Rebbi Abba said this; Samuel did not accept it. What means “he made it ride on two shining racing horses”? They wanted to say, one brings two crazy horses and makes it ride on both. One goes in one direction and the other in another; he has nothing in his hand. Rebbi Yose from Mamelia said, he doubly empowered him, for there is a title guarantee in a sale but none for a gift; the seller did not sell everything but the giver of a gift gave everything. And Rav Ḥuna parallels Rebbi Joḥanan. A person, when he lay dying, said: my property should be given to X. Afterwards he said: write and deliver. Rebbi Eleazar and Rebbi Simeon bar Yaqim brought the case before Rebbi Joḥanan who said: If he said to transfer to him, everybody agrees that he entered into possession. If the transfer was to be in writing, everybody agrees that nobody transfers rights in writing after his death. Who would notify the greatness? Explain it if witnesses know. Think of it, if no witnesses know it? Rebbi Yose said, the field remains in the hand of its proprietors; the burden of proof is on the claimant.
Commandments which the son is obligated to fulfill towards his father. What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him, covers him, and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said, from the old man’s. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi Yose bar Ḥanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him? That is, if he has another one and if it helps to quiet his father’s spirit. Both men and women. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her. If she is widowed or divorced, the power is in her own hand.
What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said.
“One may not use the first-born of a she-ass to preliminarily marry a woman, but Rebbi Simeon permits it.” That disagrees with Rebbi Eleazar in two respects. If during its lifetime, it disagrees following the rabbis; if after breaking the neck, it disagrees following Rebbi Simeon. Rebbi Ḥanina in the name of Rebbi Yudan: Explain it that it died. If he broke its neck, it is forbidden for usufruct, but Rebbi Simeon permits it. “Breaking the neck, breaking the neck.” Since “breaking the neck” mentioned there implies that one has to break its neck, bury it, and it is forbidden for usufruct, so “breaking of the neck” mentioned here implies that one has to break its neck, [bury it,] and it is forbidden for usufruct. Following Rebbi Eleazar it is understandable. He permits during its lifetime; he needs an argument to forbid it after the breaking of the neck. Following Rebbi Joḥanan it is difficult. If it is forbidden during its lifetime, not so much more after breaking of its neck? There came Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, Rebbi Ze‘ira in the name of the rabbis: It is needed following the rabbis, lest you say that since the Torah combined the breaking of its neck with its redemption, and its redemption makes it profane, so also the breaking of its neck should make it profane. Do we find anything whose lifting makes profane and which is forbidden for usufruct? They objected: There is ṭevel containing the tithe of the poor which becomes totally profane by its lifting; but Rebbi Abba, Rav Huna said in the name of Rebbi: A person eating produce which is ṭevel for the tithe of the poor is guilty of a deadly sin. The rabbis of Caesarea in the name of Rebbi Jeremiah: So the rabbis answer Rebbi Simeon: Do we find anything that needs redemption and is permitted for usufruct? He replied to them: There is the first-born human who needs redemption and is permitted for usufruct.
HALAKHAH: “If one says, I preliminarily married off my daughter”, etc. About what is he trustworthy? Samuel says, he is trusted to give a bill of divorce. Assi said, he is trusted to marry. Rav Huna said in the name of Rav: He is trusted to marry. Rebbi Joḥanan said, he is trusted to marry but one does not infer anything for another case from this ruling. What means, one does not infer anything for another case from this ruling? I sold one of my fields but I do not remember to whom I sold it. If someone comes and says, I bought it, he is not trusted in any way. In preliminary marriage, the same holds true. “I betrothed one of my daughters but I do not remember to whom I betrothed her. If someone comes and says, I married her preliminarily,” he is not trusted in any way. The Mishnah disagrees with Rav: “If somebody brings a bill of divorce from overseas and says, it was written and signed in my presence, he shall not marry that woman.” There, she is considered by everybody to be a married woman. Here, she is considered to be a married woman only by two persons. One waits until these two come and say, this is the man who gave her qiddushin. The Mishnah disagrees with Samuel: “This one says, I married her preliminarily, and that one says, I married her preliminarily. Both of them give a bill of divorce, but if they agree, one gives a bill of divorce and the other one marries.” He explains this, if [the father] says, I did betrothe her to one of these two but I do not remember which one it was. Rebbi Ze‘ira, Rebbi Yasa, in the name of Rebbi Joḥanan: If one of them jumped the gun and married her, one does remove her from him. That is, if this one says, I married her preliminarily, and that one says, I married her preliminarily, and one of them jumped the gun and married her definitively. But if he said, I married her preliminarily and then married her definitively, and another one comes and says, I married her preliminarily, he is not trusted in any way. It was stated thus: If after the marriage another man comes and says, I married her preliminarily, he is not trusted in any way.
One understands “the daughter of an Israel to a bastard or a Gibeonite,” for it is written: “A bastard shall not come into the Eternal’s congregation.” Why does the verse say: “of his shall not come”? To disqualify. Rebbi Abbu said, what means ממזר? “A strange defect.” This disagrees with what Rebbi Jehudah ben Pazi said, “God installs singles as heads of families,” even if there is a male bastard at one end of the world and a female bastard at the other, the Holy One, praise to Him, brings them and copulates them with one another. Rav Huna said, a bastard does not live more than thirty days. In the days of Rebbi Berekhiah, a Babylonian immigrated here; he was informed that this was a bastard. He said to him, support me. He told him, tomorrow you will stand up in the community and I shall look for an allowance for you. He came and sat during the sermon. When he finished the sermon, he said, our brothers, support this man for he is a bastard. After the congegration had left, he said to him, rabbi, I requested material support from you but you destroyed this man’s life. He answered, by your life, life I gave you for Rebbi Abba, Rav Huna, said in the name of Rav: A bastard lives only thirty days. When? If he is not publicly known. But when he is publicly known, he survives.
One understands “the daughter of an Israel to a bastard or a Gibeonite,” for it is written: “A bastard shall not come into the Eternal’s congregation.” Why does the verse say: “of his shall not come”? To disqualify. Rebbi Abbu said, what means ממזר? “A strange defect.” This disagrees with what Rebbi Jehudah ben Pazi said, “God installs singles as heads of families,” even if there is a male bastard at one end of the world and a female bastard at the other, the Holy One, praise to Him, brings them and copulates them with one another. Rav Huna said, a bastard does not live more than thirty days. In the days of Rebbi Berekhiah, a Babylonian immigrated here; he was informed that this was a bastard. He said to him, support me. He told him, tomorrow you will stand up in the community and I shall look for an allowance for you. He came and sat during the sermon. When he finished the sermon, he said, our brothers, support this man for he is a bastard. After the congegration had left, he said to him, rabbi, I requested material support from you but you destroyed this man’s life. He answered, by your life, life I gave you for Rebbi Abba, Rav Huna, said in the name of Rav: A bastard lives only thirty days. When? If he is not publicly known. But when he is publicly known, he survives.
When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If he is not publicly known. Therefore, if he is publicly known, he lives.
When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If he is not publicly known. Therefore, if he is publicly known, he lives.
When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If he is not publicly known. Therefore, if he is publicly known, he lives.
“Rebbi Meïr says, bastards will not be purified in the future, since it is said: ‘The bastard will dwell in Ashdod’; one carried garbage to garbage and deviant to deviant. Rebbi Yose says, bastards will be purified in the future, since it is said: “I shall pour upon you pure water [and purify you].” Rebbi Meïr said to him, but it says only “from all your impurities and all your abominations I shall purify you.” Rebbi Yose said to him, if it had only said, “from all your impurities and all your abominations” and then stopped, I would have agreed with you. But since it adds “I shall purify you”, from bastardy. Rebbi Huna said in the name of Rav Joseph, practice in the future will not follow Rebbi Yose.
Rav Huna said that in the days of Rebbi Eleazar ben Azariah they tried to include them. Rebbi Abbahu inverts the wording: In the days of Rebbi Eleazar they said, who could purify the altar’s part? That implies that Joshua excluded them. He excluded them only as disqualified for marriage. If you would say, disqualified (because of sins) then the rapist of a Gibeonite girl should not have to pay the fine, but we have stated: The rapist of a Gibeonite girl has to pay the fine.” Rebbi Eleazar said, he cursed them as a snake, as it is said: “But now you are cursed.” And it is written: “The people of Israel said to the Ḥiwwite.” But were they Ḥiwwites? They acted like the snake which said, I know that the Holy One, praise to Him, did say “because on the day you eat from it, you will die a death.” I shall go and trick them so that they eat and will be punished and I shall inherit the earth for myself. So these people acted; they said, we know that the Holy One, praise to Him, said to Israel: “You shall certainly ban them, the Hittite, the Emorite, and the Perizite, as the Eternal, your God, has commanded you” And it is written: “You shall not conclude a covenant with them.” We shall go and trick them that they conclude a covenant with us. As you take it, if they kill us, they violate their oath. If they let us live, they violated the [divine] decision. In any case, they will be punished and we shall inherit the Land.
They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.
They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.
They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.
They asked Rebbi Eliezer, what is the status of the eleventh generation of a bastard? He said to them, bring to me a third generation and I shall declare him pure, for he would not live. Rebbi Eliezer parallels Rebbi Ḥanina? As Rebbi Ḥanina said, once every sixty to seventy years the Holy One, praise to Him, brings a plague into the world to eliminate the bastards and he takes the qualified ones with them in order not to publicize the sinners. This parallels what Rebbi Levi said in the name of Rebbi Simeon ben Laqish: “In the place where the ascent offering has its throat cut before the Eternal, the purification sacrifice has its throat cut,” in order not to publicize the sinners. “Also He is wise and brings evil;” could one better understand “also He is wise and brings good”? But to teach you that even the evil that the Holy One, praise to Him, brings to the world, He brings in wisdom. “His word He did not remove, He overcomes the house of evildoers and accomplices of workers of iniquity.” Rav Huna said, no bastard lives more than thirty days. When Rebbi Ze‘ira immigrated here, he heard voices call “he-bastard, she-bastard”. He said, what is this? There goes that of Rav Huna, since Rav Huna said, no bastard lives more than thirty days. Rebbi Jacob bar Aḥa said to him, I was with you when Rebbi Abba, Rav Huna said in the name of Rav: No bastard lives more than thirty days, when? If it is unknown. Therefore, if it is known, he lives.
HALAKHAH: “If somebody says, this my son is a bastard, he cannot be believed,” etc. There, we have stated: “If somebody said, this is my son, he is to be believed.” Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Yose said, is that not the Mishnah: “Even if both of them say about the fetus in her belly that he is a bastard, they cannot be believed”? Maybe it was said following Rebbi Jehudah, for Rebbi Jehudah said, they can be believed; Rebbi Abbahu in the name of Rebbi Joḥanan: To give him, but not to take from him. Rebbi Ḥizqiah said, still it is a baraita: “For he has to recognize the firstborn, the son of the hated one.” If they maintained that he was his son but at the moment of his death he said that he was not his son, he cannot be believed. That he was not his son but at the moment of his death he said that he was his son, he is believed. Some Tannaïm state on the first case that he is believed. Rebbi Ḥisqiah, Rebbi Zeriqan in the name of Rebbi Huna: If they maintained that he was from his slave girl, he is believed. If he was standing next to the customs collectors and said, he is my son, but later he said, he is my slave, he is believed. He is my slave, but later he said, he is my son, he is not believed. Some Tannaïm state, he is believed. Rebbi Mana said, because of those Samaritans who use their sons as slaves.
New paragraph. “Properties not subject to the laws of misappropriation of sancta.” As it was stated: “These properties are acquired together with properties subject to the laws of misappropriation of sancta.” Rav Jehudah in the name of Samuel: This follows Rebbi Yose the Galilean, as it was stated: “ ‘He commits larceny before the Eternal,’ Rebbi Yose the Galilean says, this includes simple sancta. Ben Azzai says, this includes well-being sacrifices. Abba Yose ben Dosai says, Ben Azzai said this only for the firstling.” What is between them? He who says well-being sacrifices certainly include tithes. But he who says tithes excludes the firstling. “Rebbi Simeon says, both most holy and simple sancta; about any sancta for which he is responsible if alienated, I am reading ‘against his neighbor and he lied’; but about any sancta for which he is not responsible if alienated, I am reading ‘against the Eternal and he lied’ ”. Rav Huna said, both qualified and disqualified sancta, if he is responsible if alienated, even if they are for the Eternal, I am reading “against his fellow and he denied”, but if he is not responsible if alienated, I am reading “against the Eternal and he lied” but not “against his fellow and he lied”.
HALAKHAH: “Chickens are notorious,” etc. Rav Huna said, if it became tied by itself. But if he tied it, he pays full damages. It was stated: “If chickens scraped dough or fruit, or they pecked, he pays full damages. If they scraped dust on dough or on fruit, one pays half of the damages. If they were picking at a rope and the pail was separated or broke, he pays full damages. If one fell on another; for the uppermost he pays full damages; for the lower one half damages; it is not comparable to a pit at one place which causes damage at another place.” Rebbi Yose ben Rebbi Abun said, since it usually falls only into this cistern, it is as if it were his pit. It was stated: “If chickens fell in a garden, broke vegetables, and cut rosemary, he pays full damages. Symmachos said, for cutting he pays full damages, for breaking he pays half damages. If a chicken flew from one place to another and did damage with its body, he pays full damages. By the wind between its wings, he pays half damages; Symmachos says, full damages. If it blew at vessels and broke them, he pays full damages.
HALAKHAH: “Which one is tame and which one is notorious,” etc. What is Rebbi Jehudah’s reason? “From yesterday and the day before.” How does Rebbi Meїr confirm “from yesterday and the day before”? He explains it by separate gorings, that if it was let out the first day and gored, the second day and it did not gore, the third day it gored, it is not declared a notorious bull unless it gored on three consecutive days. If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
HALAKHAH: “Which one is tame and which one is notorious,” etc. What is Rebbi Jehudah’s reason? “From yesterday and the day before.” How does Rebbi Meїr confirm “from yesterday and the day before”? He explains it by separate gorings, that if it was let out the first day and gored, the second day and it did not gore, the third day it gored, it is not declared a notorious bull unless it gored on three consecutive days. If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
HALAKHAH: “Which one is tame and which one is notorious,” etc. What is Rebbi Jehudah’s reason? “From yesterday and the day before.” How does Rebbi Meїr confirm “from yesterday and the day before”? He explains it by separate gorings, that if it was let out the first day and gored, the second day and it did not gore, the third day it gored, it is not declared a notorious bull unless it gored on three consecutive days. If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
Rav Jeremiah in the name of Rav: Practice follows Rebbi Meïr for the tame animal and Rebbi Jehudah for testimony, as we have stated: “A bull which gored three times on the same day is not notorious. Why does the verse say ‘from yesterday and the day before’? For if it mended its ways for three days one after the other it is judged to be tame.” We were thinking to say that practice follows Rav Huna who said following both of them. This is confirmed by Rav Jeremiah in the name of Rav: Practice follows Rebbi Meïr for the tame [bull] and Rebbi Jehudah for testimony.
HALAKHAH: “He who pours out water in the public domain,” etc. Rav Huna said, when he was falling to the ground. But if his garments were dirtied, one is liable. Rav said, even if his garments were dirtied, he is not liable. The word of Rav implies one is not liable for ‘pit’ damages of vessels.
If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
If it was let out the first day and gored bulls, the second it gored dogs, the third it gored pigs: would it be declared a notorious bull for three different kinds on three days? If it was let out the first day and gored, the second day it was not let out, the third day it was let out and gored, we come to the disagreement between Rav Ada bar Aḥawa and Rav Huna, who disagreed: A menstruating woman checked herself the first day and found herself impure. The second day she did not check. On the third day she checked and found herself impure. Rav Ada bar Aḥawa said in the name of Rav: she certainly is niddah. Rav Huna said in the name of Rav: it is doubtful whether she is niddah. Rav Huna said, I was there at the beginning, I was there at the end, and I was there in the middle when Rav was asked, and he said, it is doubtful. Rav was asked and he said, it is certain; then he reversed himself and said, it is doubtful. Rav Ada bar Aḥawa was only there when he said, it is certain.
Abba bar Rab Huna said: This implies that somebody who hit another person’s animal which as a consequence went and did damage is responsible for the damage caused.
“If he handed it over to a shepherd, the shepherd takes his place. If it fell into a garden and caused damage, he pays for what it profited.” Rav Huna said, if it fell on vegetables. But if it stood up and grazed, he pays for what it damaged.
HALAKHAH: “If he robbed an animal and it aged,” etc. Rav Huna said, if he robbed a calf and it became a bull; but if he robbed a bull and it aged, he tells him: Here is your property before you. Samuel said, even if he robbed a calf and it became a bull, he tells him: Here is your property before you. Rav Qarna stated: Even if he robbed a calf and it became a bull before he slaughtered or sold it, he pays quadruple or quintuple the value of a calf. The father of Samuel bar Immi said in the name of Rav Jehudah: Practice follows Rebbi Meïr.
HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones. Rav Huna said, if the government invalidated it, but if the country invalidated it, he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.
HALAKHAH: “If he robbed a coin and it was split,” etc. Rav Huna said, if the government invalidated it. Samuel said, if really it was split. Rebbi Jehudah ben Pazi in the name of Rebbi Yose ben Ḥanina: Only if they rotted because of maggots but if they rotted because of worms they are like healthy ones. Rav Huna said, if the government invalidated it, but if the country invalidated it, he may say to him: Here is your property before you. Samuel said, even if the government invalidated it, he may say to him: Here is your property before you.
HALAKHAH: “If one gave something to artisans to repair and they broke it,” etc. Rav Huna said, only if he put in the last nail to acquire the rights to his utensils.
HALAKHAH: “If one gave wool to the dyer,” etc. Rav Huna said, if chemicals burned it, but if the vat burned it, he may say to him: Here is your property before you. Samuel said, even if chemicals burned it, he may say to him: Here is your property before you.
HALAKHAH: “He who says to another: I robbed you,” etc. Rebbi Joḥanan said, if he wants to clear himself before Heaven. I robbed you, or I took a loan from you, you deposited with me; did I return it to you? The other party says, I do not know. Rebbi Jeremiah wanted to say, he is required to make good as a matter of law. Rebbi Yose wanted to say, still it is to become clear before Heaven. I took from the wallet and gave to you, and the other party says, I do not know. Rav Huna said, one tells him: You do not know but the other party knows.
This topic came up between Rebbi Abba bar Mamal and Rav Amram. One said, one does not entrust an oath to a suspect person. The other said, one does not even formulate an oath for such a one. Rav Huna said: “An oath that I have property rights to it to the amount of no less than (the value of a peruṭah) [half of its value]. Rebbi Joḥanan said, if it is about this, it is an institutional oath.
Simeon ben Shetaḥ was working with linen. His students said to him, Rabbi, in order to make it easier for you we want to buy a donkey, then you will not have to work so hard. They went and bought a donkey from a Saracen; a pearl was hanging on its neck. They came to him saying, because of this you will not have to work anymore. He said to them, why? They told him, we bought for you a donkey from a Saracen and a pearl is hanging on its neck. He asked them, does its owner know about this? They answered, no. He told them, go and return it. But did not Rav Huna, Bevay bar Gozlan, in the name of Rav say, they objected before Rebbi: Even according to him who says that an object robbed from a Gentile is forbidden, everybody agrees that what he lost is permitted. Do you think that Simeon ben Shetaḥ was a barbarian? Simeon ben Shetaḥ wanted to hear: Praised be the God of the Jews, more than any gain in this world.
HALAKHAH: “Anything which works and eats,” etc. It was stated: There should not be given food in the value of a calf to calves, a foal to foals, or a chicken to chickens. It happened that a man found five calves; he was selling and feeding until only one was left. Rav Jehudah in the name of Rav: Practice follows Rebbi Tarphon about objects with distinguishing marks. Rebbi Abba and Rav Jehudah in the name of Rav: It happened that Rebbi instructed following Rebbi Tarphon in a case about objects with distinguishing marks. Rav Jehudah said, a scholar does not have to indicate a distinguishing mark. Rav Huna said, everybody agrees that if it was a bundle of coins he may not touch them.
HALAKHAH: “If somebody deposits coins with a money changer,” etc. Rav Huna said that Rebbi Jeremiah asked how? Tied under seal or tied together without seal. If you say under seal, without seal he may. If you say without seal, so much more under seal.
“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.
“A person was transporting from a lowprice place to a highprice one. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. A person was transporting a package from place to place. Another said to him, give it to me, I shall pay you what you would charge at place X. If the responsibility is the giver’s, it is forbidden, but the buyer’s is permitted. But donkey drivers who receive from householders obtain produce for a highprice place at lowprice rates.” Rebbi Jehudah bar Pazi: At a place where usually they can go and return the same day. Rav Huna said, he becomes his agent. But did one not object to [Rav] Huna: If an agent fell victim to an accident, is he liable? If he was the victim of an accident, he is not liable. Does it not happen that an unpaid trustee accepts to be like a borrower? But did not Rebbi Hoshaia state: Just as he is liable for the entirety, so he is liable for a part! Why does one quote this? There, he would pay a high price, but here he pays at the low rate.
HALAKHAH: “Watchmen of produce eat because of local practice,” etc. Rav Huna said, the Mishnah refers to watchmen of produce. But watchmen of vegetable gardens and orchards eat by Torah law. Samuel said, the Mishnah refers to watchmen of vegetable gardens and orchards. But watchmen of produce eat neither by Torah law nor by local practice. Rebbi Ḥiyya stated in support of Rav Huna: “The Cohen shall be impure until evening,” to include watchmen, that they make their garments impure.